scholarly journals Harmonization of the protection against misleading commercial practices: ongoing divergences in Central European countries

2019 ◽  
Vol 10 (2) ◽  
pp. 239-252 ◽  
Author(s):  
Radka MacGregor Pelikánová
Keyword(s):  
Central Europe ◽  
Quantitative Research ◽  
Meta Analysis ◽  
Value Added ◽  
Consumer Welfare ◽  
Case Law ◽  
Central European ◽  
Unfair Commercial Practices Directive ◽  
Legal Frameworks ◽  
The Eu

Research background: Modern European integration focuses on competition in the internal single market, embracing both competitiveness and consumer protection, and it aims at full harmonization in this arena. The hallmark, the Unfair Commercial Practices Directive from 2005, aims to overcome diverse social, political, legal and economic traditions. Is the implied protection against misleading practices an opportunity or a threat for Central European Regions? Purpose of the article: The primary purpose is to comparatively describe and critically assess the transposed legal frameworks. The secondary purpose is to study and evaluate their coherence in the light of the case law and their impact in Central Europe, in particular whether it represents an opportunity or a threat for the smart, sustainable and inclusive growth, i.e. boosting competitiveness and innovation along with consumer welfare. Methods: The cross-disciplinary and multi-jurisdictional nature of this paper, and its dual purposes, implies the use of Meta-Analysis, of various interpretation techniques suitable for legal texts and judicial decisions, of the critical comparison and of a holistic assessment of approaches and impacts. Legislation and case law are explored and the yielded knowledge and data are confronted with a field search and case studies. The dominating qualitative research and data are complemented by the quantitative research and data. Findings & Value added: For over one decade, the Unfair Commercial Practices Directive has required full harmonization of the protection against, among other items, misleading commercial practices, by legislatures and judges in the EU. The exploration pursuant to the two purposes suggests that this ambitious legislative and case law project entails a number of transposition approaches with varying levels of coherence, importance and impacts on the competitiveness and innovation of business and consumer welfare in Central Europe. Therefore, full harmonization should be either readjusted or relaxed.

scholarly journals European myriad of approaches to parasitic commercial practices

2017 ◽  
Vol 8 (2) ◽  
pp. 167 ◽  
Author(s):  
Radka MacGregor Pelikánová
Keyword(s):  
Quantitative Research ◽  
Meta Analysis ◽  
Value Added ◽  
Unfair Competition ◽  
Member States ◽  
Secondary Sources ◽  
Eu Member States ◽  
Unfair Commercial Practices Directive ◽  
The Impact ◽  
The Eu

Research background: The Post-Lisbon EU aims at smart, sustainable, and inclusive growth on the single internal market, as indicated by the Europe 2020. The interplay of the competition and consumer protection on such a market is subject to harmonization. The Unfair Commercial Practices Directive has been made in order to achieve a full harmonization in this respect in 2007. However, EU member states share different social, political, legal and economic traditions and their approaches to unfair competition, in particular if committed via parasitic commercial practices, are dramatically diverse. In such a context, is it feasible, effective and efficient to install a full harmonization?Purpose of the article: The primary purpose of this article is to describe and assess ap-proaches to unfair competition, in particular if committed via parasitic commercial practices, by the EU law and EU member states law. The secondary purpose is to study and evaluate possibilities for the feasible, effective and efficient harmonization, or their lack. Methods: The cross-disciplinary and multi-jurisdictional nature of this article, and its dual purposes, implies the use of Meta-Analysis, of the critical comparison of laws and the impact of their application, to the holistic perception of historical and national contexts, and to case studies. The primary and secondary sources are explored and the yield knowledge and data are confronted with the status quo. The dominating qualitative research and data are complemented by the quantitative research and data.Findings & Value added: The EU opted for an ambitious challenge to install via the Unfair Commercial Practices Directive a full harmonization of the regime against unfair commercial practices, including parasitic ones. The exploration pursuant to the duo of purposes suggests that the challenge is perhaps too ambitious and that the EU underestimated the dramatic diversity of approaches to unfair commercial practices, especially parasitic ones.

scholarly journals The Interpretive Function of the CJEU and the Interrelationship of EU and National Levels of Consumer Protection

2017 ◽  
Vol 9 (2) ◽  
pp. E-180-E-215 ◽  
Author(s):  
Geraint Howells ◽  
Gert Straetmans
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
National Courts ◽  
European Consumer ◽  
Court Of Justice ◽  
Correct Information ◽  
Unfair Commercial Practices Directive ◽  
High Level ◽  
Flexible Application ◽  
The Eu

Abstract This paper analyses the ways in which the Unfair Contract Terms and Unfair Commercial Practices Directives try to steer a path between imposing a common European standard and allowing national variation. The open wording of the norms and safeguard clauses in both directives allows room for their flexible application. The differentiated role between the Court of Justice, as the interpreter of European law, and the national courts, as the party that applies it, provides a release valve to prevent any direct clashes and allows a subtle way for national perspectives to be reflected. The analysis finds that, irrespective of the underlying level of harmonisation, and with the backing of the European legislator’s intention of ensuring a high level of consumer protection, the CJEU is gradually painting the average European consumer with more realistic features. Here, the case law of the CJEU fulfils a bridging function between the labelling requirements in the Foodstuff Regulation, the transparency requirements in the Unfair Contract Terms Directive and the informed decision requirements in the Unfair Commercial Practices Directive. In these three domains the CJEU recognises that the level of customer attention may be suboptimal, even in the presence of comprehensive and correct information. The CJEU’s approach contributes to more convergence in consumer protection throughout the EU. Yet, in terms of legitimacy, it must be noted that in all cases the CJEU has maintained a clear distinction between interpretation and application. The particular constitutional legal order in which the CJEU operates only allows for a process whereby the contours of a more coherent European consumer protection policy are gradually revealed. In the absence of sufficient legislative guidance at the European and national levels, national courts may be increasingly informed by the case law of the CJEU in an effort to establish clearly desirable common expectations. Those who believe that, in practice, uniformity can be achieved overnight by simply adopting a common maximum norm appear over-optimistic.

Migrants help keep Central European populists in power

2016 ◽  
Keyword(s):  
Central Europe ◽  
Migration Policy ◽  
Refugee Crisis ◽  
Medium Term ◽  
Content Type ◽  
Central European ◽  
Eu Integration ◽  
The Future ◽  
The Eu

Subject Populists' exploitation of the refugee crisis in Central Europe. Significance Support for populist parties has risen after last year's refugee crisis across the EU, but nowhere have they been as successful as in Central Europe (CE). Peddling migrant fears has secured the re-election of Robert Fico's Smer (Slovakia) and the revival of Viktor Orban's Fidesz (Hungary) from a post-election popularity slump. On the back of the migration tide, populists are transforming CE's political trajectory. Impacts A united CE front will gain prominence at the EU, stoking tensions with Berlin on migration policy and the future of EU integration. The strengthened legitimacy of illiberal positions on migration will foster the emergence of imitators elsewhere in Europe. The chance of an EU-level, long-term solution to the refugee crisis will remain slim in the medium term.

scholarly journals ASSESSMENT OF BIOECONOMY DEVELOPMENT POTENTIAL FROM THE PERSPECTIVE OF INNOVATION ECONOMICS IN EUROPEAN REGIONS

2018 ◽  
Vol 40 (4) ◽  
pp. 492-513 ◽  
Author(s):  
Virginija Kargytė ◽  
Rando Värnik ◽  
Vilija Aleknevičienė
Keyword(s):  
European Commission ◽  
Central Europe ◽  
Value Added ◽  
European Regions ◽  
Development Potential ◽  
Research Results ◽  
Innovation Potential ◽  
Using Data ◽  
Biomass Availability ◽  
The Eu

The European Commission expects that the development of bioeconomy across the EU will boost its rural and coastal economies. Although these areas have comparatively more spare biomass, at the same time they are associated with lower levels of entrepreneurship and R&D; activities. One can argue that more urbanized and industrialized regions with higher innovation potential will develop high value added bio-based industries, while rural and coastal economies will remain or become to a greater extent biomass providers. Therefore, the article aims to explore links between regional biomass availability, bioeconomy business cluster and innovation potential, as well as how the development of bioeconomy can evolve in different groups of regions. For this purpose, bioeconomy development factors including aspects of innovation economics are analysed in year of 2016 using data of 237 NUTS 3 level regions of Norden, Western and Central Europe. Research results reveal that analysed regions can not be simply separated into potential bioeconomy development ‘losers’ and ‘winners’, however, several groups of analysed regions have distinctly higher potential in certain bioeconomy fields.

3 The Regulatory and Institutional Framework of EU Cartel Law

2020 ◽  
Author(s):  
Argenton Cédric ◽  
Geradin Damien ◽  
Stephan Andreas
Keyword(s):  
European Union ◽  
Consumer Welfare ◽  
Case Law ◽  
Internal Market ◽  
Regulatory Framework ◽  
Institutional Framework ◽  
The European Union ◽  
Legal Basis ◽  
Member States ◽  
The Eu

This chapter deals with the institutional and regulatory framework that applies to cartels in the European Union (EU), going over both the substantive and procedural rules. The key legal basis for the prosecution of cartels resides under Article 101(1) of the Treaty on the Functioning of the European Union (TFEU), as interpreted by the case law of the EU courts. Article 101 TFEU is a three-pronged provision. First, the chapter shows how Article 101(1) TFEU establishes a prohibition rule providing that any agreement between undertakings which may affect trade between Member States and which restricts competition is to be deemed incompatible with the internal market. Next, the chapter takes a look at how Article 101(2) TFEU declares that agreements deemed incompatible pursuant to Article 101(1) TFEU are null and void. The ways in which Article 101(3) TFEU embodies an exception to the default prohibition rule, which defuses the application of Article 101(1) for agreements that bring a positive net contribution to consumer welfare, is also discussed.

Integration Processes in the Visegrad Group Countries: the Concept of Central Europe

2014 ◽  
pp. 18-27
Author(s):  
M. Simon
Keyword(s):  
Foreign Policy ◽  
Central Europe ◽  
Regional Cooperation ◽  
Sociopolitical Development ◽  
Internal Environment ◽  
Central European ◽  
Group Members ◽  
The Impact ◽  
Visegrad Group ◽  
The Eu

This article tries to examine the ways of Central European discourse construction and its transformation after the Visegrad Group members accession to the EU; to find the external and internal environment for this group; to analyze the impact of the concept of Central Europe on intensity of the V4 members interaction; to discover the features of their foreign policy and mechanisms of regional cooperation; to correlate the processes of sociopolitical development in this countries with pan-European deepening and widening integration vectors.

scholarly journals The nature and meaning of the Directive 2013/34/EU on financial statements according to the CJ EU

2020 ◽  
Vol 6 (53) ◽  
pp. 246-261
Author(s):  
Robert Kenyon MacGregor ◽  
Radka MacGregor Pelikánová
Keyword(s):  
Financial Reporting ◽  
Meta Analysis ◽  
Financial Statements ◽  
Case Law ◽  
Related Case ◽  
Court Of Justice ◽  
Socratic Questioning ◽  
Solid Foundation ◽  
Corporate Social ◽  
The Eu

AbstractThe Directive 2013/34/EU is a fundamental part of European Union (EU) legislation harmonising the regime of financial and non-financial reporting throughout the entire EU, including reporting about corporate social responsibility (CSR). Inasmuch as its transposition deadline expired in 2015, it is possible and also highly elucidating to holistically study its nature and actual transposition. A related literature summing up, accompanied with a legislation and transposition review compiled via the EUR-Lex database, makes for a solid foundation for a holistic and critical exploration of the related case law of the ultimate judicial authority for the interpretation and application of the Directive 2013/34/EU, namely the Court of Justice of the EU (CJ EU). Researching this case law within the Curia database brings forth an interesting meta-analysis, refreshed by Socratic questioning, which reveals the approach of the CJ EU to the Directive 2013/34/EU. The hypothesis suggests that this case law of the CJ EU offers valuable and as-yet hitherto-neglected indices, signifiers about the EU conforming to the perception of the nature and meaning of the Directive 2013/34/EU. These indices could be pivotal for further improvement of the harmonized regime of financial and non-financial reporting, for the boosting of CSR and also for supporting European integration and its legitimacy.

scholarly journals Primjena načela fiskalne neutralnosti u presudama suda pravde Evropske unije / Application of Fiscal Neutrality Principle in the Case Law of the Court of Justice of the European Union

2016 ◽  
Vol 6 (6) ◽  
pp. 120
Author(s):  
Dinka Antić
Keyword(s):  
European Union ◽  
Value Added ◽  
Case Law ◽  
Legal Framework ◽  
Capital Allocation ◽  
Theoretical Issue ◽  
The European Union ◽  
Court Of Justice ◽  
Council Directive ◽  
The Eu

Neutrality of value added tax (VAT) is not only a theoretical issue and unattainable myth but also a need for all modern economies. Higher degree of neutrality brings to a reduction of distortions on micro, macro and global economic system caused by selective taxation, with positive consequences on capital allocation efficiency at the national, regional and global level. The European Union, as a supranational integration, has mobilised all available legal mechanisms for elimination of harmful practice and policies that jeopardise VAT neutrality in the Member States and at the EU level as well. The EU is aiming at increasing the efficiency of the VAT system and coherence with the global VAT system promoted by OECD. By activities on reforming the EU legal framework in the field of VAT taxation taxpayers in the EU are brought to the level playing field at the EU Single Market and the world market as well. Legal framework at the EU level has been updated directly by amendments to the Council Directive 2006/112/EC and other related Council directives, and indirectly, via comprehensive case law of the Court of Justice of the EU. The practice of the Court and mandatory implementation of its case law indirectly contribute to uniformity of application of the VAT rules, its efficiency and neutrality in relation to position of taxpayers at the EU level. The Court decisions have become a powerful mechanism of supranational intervention in the EU VAT system aiming at achieving a higher degree of harmonisation of VAT system at the EU level. Due to the attitude of the Court that a principle of VAT neutrality has a supremacy over national VAT legislation and rules, the decisions have produced systematic implications for national tax systems as well.

scholarly journals Η καταχρηστική εκμετάλλευση δεσπόζουσας θέσης στο ενωσιακό και στο ελληνικό δίκαιο

2015 ◽  
Author(s):  
Αικατερίνη Μπουσούνη-Πυλιώτη
Keyword(s):  
Consumer Welfare ◽  
Case Law ◽  
Trade Mark ◽  
Economic Analysis Of Law ◽  
Dominant Position ◽  
Effective Competition ◽  
Glaxo Smithkline ◽  
Grand Chamber ◽  
The Relationship ◽  
The Eu

My thesis consists of two parts. In part Α mainly analyzes the Article 102 TFEU, theabuse of an individual dominant position, the collective dominant position, and Article101par.1 TFEU, especially, cartels as "collective monopolies”. In part Α my thesis examines Article 102TFEU (82 of the Treaty) based on the "moreeconomic approach” through the " Guidance on the Commission's enforcement priorities inapplying Article 82 of the EC Treaty to abusive exclusionary conduct by dominantundertakings“ 2009 / C 45/7 par.30 "The Commission considers that a dominant undertakingmay also justify conduct leading to foreclosure of competitors on the ground of efficienciesthat are sufficient to guarantee that no net harm to consumers is likely to arise.In thiscontext, the dominant undertaking will generally be expected to demonstrate, with asufficient degree of probability, and on the basis of verifiable evidence, that the followingcumulative conditions are fulfilled:- the efficiencies have been, or are likely to be, realised asa result of the conduct*…+- the conduct is indispensable to the realisation of thoseefficiencies*…+- the likely efficiencies brought about by the conduct outweigh any likelynegative effects on competition and consumer welfare in the affected markets*…+- theconduct does not eliminate effective competition, by removing all or most existing sourcesof actual or potential competition*…+”.Communication from the Commission, par.30, and the decision of the EU Court (GrandChamber) in Post Danmark C-209/2010 (the Court ,Grand Chamber, hereby rules, andsk.22,40-42) further adopt the economic analysis of law through the positive attitude of theECJ in the above Communication from the Commission. My thesis also focuses on the fact that the undertaking concerned has a specialresponsibility not to allow its conduct to impair genuine undistorted competition on thecommon market. Σhe Commission will normally intervene under Article 82, where theallegedly abusive conduct is likely to lead to anti-competitive foreclosure(case law). The European law began protecting the market structure, as the decisions of the EUCourt ( Microsoft, British Airways, Glaxo SmithKline, Mobile Netherlands) and with theEuropean Commission's decisions accepts and the "criterion of consumer welfare." In part B the thesis analyzes the Trade Mark( l.2239/1994,4072/2012) the Trade marklicense agreement for entrance new undertakings into the market, and the franchising.Furthermore, it examines" the essential facilities" and the relationship between theintellectual property rights and dominant position.

scholarly journals Aspergillus species as mycotoxin producers in agricultural products in central Europe

2013 ◽  
pp. 13-25 ◽  
Author(s):  
Sandor Kocube ◽  
Janos Varga ◽  
Djendji Sigeti ◽  
Nikolet Baranji ◽  
Katalin Suri ◽  
...  
Keyword(s):  
Central Europe ◽  
Fusarium Species ◽  
Aflatoxin Contamination ◽  
Agricultural Products ◽  
Aspergillus Species ◽  
Penicillium Species ◽  
Central European ◽  
Black Aspergilli ◽  
Coffee Beans ◽  
The Eu

Aspergillus species are able to produce a range of mycotoxins, includ?ing e.g. aflatoxins, ochratoxins, fumonisins and patulin. Aflatoxins are mainly produced by members of Aspergillus section Flavi, and they contaminate various agricultural products in several parts of the world. Several recent reports have indicated that aflatoxin-producing fungi and consequently aflatoxin contamination occur in agricultural commodities in a number of European countries which have not been faced with this problem before. Indeed, recent surveys have clarified that concentrations of aflatoxins in maize products and milk has been exceeding the EU limit in several regions of Central Europe including Serbia, Slovenia, Croatia, Northern Italy and Romania. However, aflatoxin contamination and aflatoxin-producing Aspergillus species have not been identified yet in maize in Hungary. We examined the presence of potential aflatoxin-producing Aspergilli in maize samples collected in southern parts of Hungary. Several A. flavus isolates were identified, and pre?liminary results indicated that some of the isolates were able to produce aflatoxins. Con?tamination of other agricultural products with aflatoxins can also pose problems in Central Europe due to global warming. Ochratoxin contamination of grapes and grape-derived products is usually caused by black Aspergilli, especially by A. carbonarius and A. niger, although these species have been rare in Central European vineyards due to climatic fac?tors. Ochratoxin contamination of other agricultural products including spices and cereals was also observed in the region. Besides, ochratoxin producing Aspergilli are frequently isolated from imported products including coffee beans, dried fruits and spices, and ochra?toxin contamination of these samples was also observed. Fumonisins are produced mainly by Fusarium species, and by the recently identified producers Aspergillus niger and A. awamori. We examined fumonisin producing abilities of A. niger / A. awamori isolates col?lected from the variety of substrates including raisins, figs, dates, maize and onions. The isolates, which came from dried vine fruits, produced several fumonisin isomers also pre?sent in the raisin samples, indicating that fumonisin contamination of these products was probably caused by black Aspergilli. Besides, strains collected from figs, dates and onions were also able to produce fumonisins, and preliminary data indicated that figs and onions were also contaminated with low but significant amount of fumonisins. Potential fumonisin producing A. awamori isolates were also identified on maize samples. Further studies on the examination of the occurrence of fumonisins and their potential producers in other agricultural products are in progress. Regarding patulin, contamination of apple based products is a serious problem in the region, mainly caused by Penicillium species. Although patulin producing Aspergilli have also been identified in cereals, patulin contamination of cereals and cereal based products is usually low in Central Europe.

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